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Cok Kinzler PLLP

Understanding the damage caps in wrongful death cases

If you’ve had a family member die prematurely in Bozeman, then you may left scrambling trying to recover from the void that he or she may have left in your life. Many come to us here at Cok Kinzler PLLP following the death of a loved seeking legal recourse, yet unsure if the potential reward from any action can adequately compensate for their losses. No monetary judgment will be equal to having your loved one back in your life, yet a wrongful death settlement may come close to easing the burden he or she left behind. Before seeking such a reward, however, you may find it beneficial to understand any potential judgment limitations the state of Montana has in place.

Many may view a wrongful death lawsuit as way for you to punish the one whose negligent actions (or inactions) led to your loved one’s death. In some cases, that may be true. Damages meant to punish one’s negligence are referred to as punitive. According to Montana’s Annotated Code, punitive damages in a case may not exceed the greater of either $10 million or 3 percent of a defendant’s net worth.

Punitive damages are not the only form of compensation you can seek in a wrongful death lawsuit. You may also press for economic and non-economic damages. Economic damages may cover the costs related to your family member’s death as well as any future earnings he or she may have provided. Non-economic damages are those related to the loss of your loved one’s companionship. The only limitations that the state places on these types of damages is $250,000 for non-economic damages in cases involving medical malpractice. You can learn more about earning compensation through a wrongful death claim be continuing to explore our site. 

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